How Do You Determine Whether a Patent is Worth Pursuing?

If you’re like most inventors, you want to make your product or invention available to the public. That said, before you do, you should have your invention patented first. Doing so will legally protect your invention from theft. Though this all sounds great, you should understand that, unfortunately, not all inventions technically are patentable, and for a variety of reasons. Please continue reading and contact a seasoned New Orleans, Louisiana patent lawyer to learn more about how you can tell whether a patent is worth pursuing. Here are some of the questions you may have:

What qualifications must a patent meet for it to be worth pursuing?

The first thing you should understand is that there are three primary categories of patents: plant patents, utility patents, and design patents. Plant patents are for asexually-produced and newly-discovered plants. Utility patents are for inventions, processes, or methods, and design patents serve the purpose of protecting unique decorative features or aesthetic values. That said, for something to be considered legally patentable, it must meet the following criteria:

• The invention in question must be new
• The invention must be useful
• The invention must be non-obvious

When you submit your patent application, you will be required to explain, in detail, exactly what your invention is and the purpose it serves.

What makes something unpatentable?

There are several things that make something unpatentable. For example, if the “invention” is simply building upon an existing invention, it will likely be considered unpatentable. Additionally, if the invention has already been patented, rather obviously, it is unpatentable. If the invention is too obvious (i.e. someone with knowledge in the field, or even the general public, already knows about it) your patent application will most likely be denied. Finally, if an invention serves no purpose, or there is already an invention with the same purpose as your invention but works more efficiently, your invention may not be patentable.

Do I need a lawyer?

Though you can technically fill out and submit a patent application on your own, it is always best to do so with a competent lawyer at your side. Lemler IP can run a patent search and assess your invention to determine whether it would likely be considered patentable, thereby saving you time and money. Lemler IP can also handle all patent-related paperwork and properly submit your patent on your behalf. Ultimately, an attorney can oversee the entire process from start to finish to ensure everything moves along as smoothly as possible.

If you are looking to patent your invention, simply contact Lemler IP today.